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The PIL plea before Delhi High Court has challenged the validity of provisions of the Waqf Act, 1995 on the ground that they are "unfair" and "arbitrary", as there are "no similar laws for any other religious community in India".
Jamiat Ulama-I-Hind has moved Delhi High Court seeking impleadment in the Public Interest Litigation filed by Advocate Ashwini Kumar Upadhyay challenging constitutional validity of the Waqf Act, 1995.
The High Court on Friday asked Advocate Ashwini Upadhyay to respond to the impleadment application filed by Jamiat Ulama-I-Hind as the same has been objected to by Upadhyay.
A bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad has directed the response to be filed before November 4, 2022.
The PIL before the Delhi High Court challenges the validity of Sections 4, 5, 6, 7, 8, 9, 14 of the Waqf Act, 1995 and seeks directions to the Central Government or Law Commission of India to draft a ‘Uniform Code for Trust-Trustees and Charities-Charitable Institutions’.
Today, while objecting to the impleadment application, Upadhyay submitted, "This organization says that Yakub Memon was hanged, they support triple talaq...This is a separatist organization."
The bench has also issued notice to Central Waqf Council.
The impleadment application submitted that the PIL has been framed in a manner that seems to suggest that the Legislature is subordinate to the Judiciary rather than being equal pillars of the sovereign, socialist, secular, democratic, republic of India.
"By the publicly available information of the petitioner, it seems that the petitioner is in the habit of filing frivolous petitions. On at least two occasions, no less than the Hon'ble Chief Justice of India, himself seems to have rebuked the present petitioner for filing frivolous petitions," the application added.
The application states there are statutory Waqf Boards in each state of the country and the said Boards are core to the entire institution of Waqf in the country. "The impact of the prayers in the present Petition shall cause upheaval in the established system of Waqf throughout the country," it read.
It may be noted that the petitioner, Advocate Ashwini Kumar Upadhyay, has challenged the validity of provisions of the Waqf Act, 1995 on the ground that they are "unfair" and "arbitrary", as there are "no similar laws for any other religious community in India". His petition inter alia contends that the Act is antithetical to secularism in India.
Other arguments made by the petitioner are as follows:
Case Title: Ashwini Kumar Upadhyay Vs. Union of India & Ors.
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